[HISTORY: Adopted by the Township Council of the Township
of East Brunswick 2-19-36 and as Ch. V of the Revised General Ordinances.
Section 45-9A and 45-10A amended at time of adoption of Code; see
Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
This chapter is enacted under the authority granted by N.J.R.S.
33:1-1 to 33:1-96, also known as "Chapter 436 of the Laws of 1933,"
as supplemented and amended. The purposes of this chapter are to render
effective the provisions of the Act cited, the rules and regulations
issued by the Director of the Division of Alcoholic Beverage Control
of the State of New Jersey and other applicable laws of the State
of New Jersey and the United States of America.
For the purposes of this chapter, words and phrases herein shall
have the same meanings as they have in N.J.R.S. 33:1-1 to 33:1-96
and the rules and regulations of the Director of the Division of Alcoholic
Beverage Control.
The Township Council is designated as the authority which shall
issue all licenses and otherwise administer the provisions of this
chapter.
A.
Proof of publication. Proof of publication of a notice of an application
for a license or a renewal or transfer of license shall be in the
form prescribed by state rules and regulations and shall be filed
with the Township Clerk immediately after the second publication of
the notice.
B.
License term. All licenses shall be for a term of one (1) year from
the first day of July in each year, and all fees shall be paid in
advance, upon presentation of the application. Any licensee who voluntarily
surrenders his license and who has not committed any violation of
this chapter or of any state law or rule or regulation and who has
paid all taxes and other charges that are due to the State of New
Jersey or to the Township of East Brunswick shall be entitled to fifty
percent (50%) of the prorated fee for the unexpired term.
[Amended 9-13-65 by Ord. No. 65-30; 6-9-69 by Ord. No. R69-136; 7-12-71 by Ord. No. 71-136-A;
11-24-75 by Ord. No. 75-136-C; 1-24-77
by Ord. No. 77-1-VV; 10-15-03 by Ord. No. 03-32]
A.
The classes of licenses, annual license fees and maximum number of
licenses for the sale or distribution of alcoholic beverages in the
Township of East Brunswick shall be as follows
[Amended 8-21-78 by Ord. No. 78-43; 9-28-82 by Ord. No. 82-472;10-15-03 by Ord. No. 03-32]:
|
Class of License
|
Year Commencing July 1
|
Annual License Fee
|
Number of Licenses
|
|---|---|---|---|
|
Plenary retail consumption license
|
1978
|
$720.00
|
18
|
|
1979
|
$864.00
| ||
|
1980
|
$1,036.00
| ||
|
1981
|
$1,243.00
| ||
|
1982
|
$1,490.00
| ||
|
1983
|
$1,785.00
| ||
|
1984
|
$2,000.00
| ||
|
2003
|
$2,400.00
|
17
| |
|
2004
|
$2,500.00
| ||
|
Plenary retail distribution license
|
1978
|
$516.00
|
5
|
|
1979
|
$619.00
| ||
|
1980
|
$742.00
| ||
|
1981
|
$890.00
| ||
|
1982
|
$1,068.00
| ||
|
1983
|
$1,281.00
| ||
|
1984
|
$1,537.00
| ||
|
1985
|
$1,844.00
| ||
|
1986
|
$2,000.00
| ||
|
2003
|
$2,400.00
| ||
|
2004
|
$2,500.00
| ||
|
Club license
|
1978
|
$180.00
| |
|
1979
|
$150.00
| ||
|
2003
|
$125.00
|
B.
The provisions of this section with respect to the limitation on
the number of licenses shall not apply to the renewal or transfer
of licenses presently issued.
[Added 9-13-65 by Ord. No. 65-30; amended 7-12-71 by Ord. No. 71-136A]
The limitation on the number of licenses set forth in § 45-5 shall not prevent the issuing of a plenary retail consumption license to a person operating a hotel or motel containing one hundred (100) sleeping rooms or more under the following conditions:
A.
With each original application or application for a transfer of a
license issued under this section, the applicant shall furnish the
Township Council with seven (7) detailed sketches of the hotel of
sufficient size to plainly show the designated sleeping rooms, the
size of each room, entrances, exits, fire precautionary devices and
the location and designation of all other rooms in the hotel. Each
sketch shall be certified by a licensed architect.
B.
The sleeping-room areas shall strictly conform to the requirements
of all applicable ordinances of the Township of East Brunswick and
laws of the State of New Jersey.
C.
A license issued pursuant to the provisions of this section shall
not be transferred except to another hotel or motel containing one
hundred (100) sleeping rooms or more.
[Amended 9-26-05 by Ord. No. 05-31]
A.
Restrictions. No plenary retail consumption license or plenary retail
distribution license shall be issued, or a place-to-place transfer
of an existing license granted, for the sale of alcoholic beverages
upon premises which are within seven hundred fifty (750) feet of any
existing premises licensed for the sale of alcoholic beverages under
another plenary retail consumption or plenary retail distribution
license, the distance being measured from the nearest entrance of
the nearest licensed premises to the nearest entrance of the premises
sought to be licensed in the normal way that a pedestrian would properly
walk, as provided in N.J.R.S. 33:1-76.
B.
Exceptions. Subsection A shall not apply in the following cases:
(1)
The renewal or person-to-person transfer of any plenary retail consumption
license or plenary retail distribution license which is in existence
at the time of the adoption of this chapter.
(2)
The transfer of a license to another place within five hundred (500) feet, measured in the manner provided in Subsection A, of the premises for which the license was granted where the licensee has been forced to vacate the licensed premises for any reason not under his/her control which could not have been foreseen when the license was granted. Once a transfer is granted under this section, future transfers of the same license shall be only to a place within five hundred (500) feet of the premises initially licensed and vacated. Place-to-place transfers under the provisions of this subsection are not a matter of right, but shall be granted only in the discretion of the Township Council.
[Amended 9-26-05 by Ord. No. 05-29]
(3)
A licensee who has been permitted to relocate within seven hundred fifty (750) feet of another licensed premises in accordance with Subsection B(2) shall have the same right to expand or enlarge the premises covered by his/her license as he/her would had he/she remained at the premises initially licensed and vacated.
[Amended 9-26-05 by Ord. No. 05-31]
(4)
The issuance, transfer or renewal of any license in the following
zone districts: HC-2 (General Highway Commercial District), HC-3 (Highway
Commercial Shopping Center District), and MXD (Mixed Use District).
[Added 9-26-05 by Ord. No. 05-31]
A.
In general. No alcoholic beverages shall be sold, served, delivered
or consumed on any licensed premises between the hours of 2:00 a.m.
and 10:00 a.m. on Sundays, and between the hours of 2:00 a.m. and
7:00 a.m. on other days.
[Amended 3-11-74 by Ord. No. 74-136-B; 5-22-17 by Ord. No. 17-24]
B.
New Year's Day. The provisions of Subsection A shall not apply on January 1. On that day alcoholic beverages may be sold, served, delivered and consumed at any time, except when January 1 is a Sunday, in which case no alcoholic beverages may be sold, served, delivered or consumed on a licensed premises between the hours of 5:00 a.m. and 1:00 p.m.
C.
Christmas Eve. The provisions of Subsection A shall not apply on December 24. On that day no alcoholic beverages may be sold, served, delivered and consumed between the hours of 2:00 a.m. and 7:00 a.m., except when December 24 is a Sunday, in which case no alcoholic beverages may be sold, served, delivered or consumed on a licensed premises between the hours of 2:00 a.m. and 9:00 a.m.
[Added 5-22-17 by Ord. No. 17-24]
D.
Closing of premises. During the hours that sales are prohibited by
this section, the entire licensed premises shall be closed to all
persons other than owners of the business and their employees. This
provision shall not apply to any premises licensed under a club license
or to any licensed premises where a restaurant, market, hotel or bowling
alley is conducted. The foregoing places may remain open during the
prohibited hours in order to carry on normal business activities,
except the sale of alcoholic beverages. If the premises remains open,
however, the bar and any other place upon the licensed premises from
which the sale or service of alcoholic beverages is made shall be
closed, and no person other than an employee or owner of the business
shall either be behind the bar or seated or standing next to the bar.
[Amended 2-10-86 by Ord. No. 86-729]
A.
Presence.
(1)
No person under the age prescribed by law or state regulation for
the purchasing of alcoholic beverages shall be allowed in any premises
where alcoholic beverages are sold or served for consumption on the
premises unless accompanied by his parent or guardian.
(2)
No plenary retail consumption or club license shall permit a person
under the age prescribed by law or state regulation for the purchasing
of alcoholic beverages in or upon the premises where alcoholic beverages
are sold or served.
(3)
This subject shall not apply to persons under the age prescribed
by law or state regulation for the purchasing of alcoholic beverages
employed under permit issued by the State Director of Alcoholic Beverage
Control.
B.
Notice. All licensees operating premises where alcoholic beverages
are sold or served for consumption on the premises shall have permanently
displayed within clear view of each entrance to the room in which
alcoholic beverages are served a sign, with letters large enough to
be easily read by anyone entering the premises, stating "No minors
permitted in barroom unaccompanied by parent or guardian...maximum
penalty five hundred dollars ($500) or ninety (90) days".
[Amended 4-25-94 by Ord. No. 94-29]
A.
Sales to certain persons. No licensee or employee of a licensee shall
sell, serve or deliver, directly or indirectly, any alcoholic beverages
to any mental defective, habitual drunkard, intoxicated person or
person under the age prescribed by law or state regulation for the
purchasing of alcoholic beverages, nor permit the consumption of alcoholic
beverages on any licensed premises by any of the above named classes
of persons, nor permit any such persons to congregate in or about
the licensed premises.
B.
Sales on credit. No sales of alcoholic beverages for consumption
on the licensed premises shall be made on credit. This subsection
shall not apply to persons holding a club license.
C.
Access to premises. No person shall be served alcoholic beverages
in any room which is not open to the public, except that hotel guests
may be served in their rooms or in private dining rooms. This subsection
shall not apply to club licenses.
D.
Other business.
[Deleted 4-25-94 by Ord. No. 94-29]
E.
Outside view of premises. All licensed premises, other than those
for which club licenses are issued, shall be so located that a normal-sized
adult can, on inspection from the exterior, view the interior of the
premises.
A.
Enforcement authority. This chapter shall be enforced by the Department
of Public Safety of the Township of East Brunswick. This subsection
shall not be construed as affecting the enforcement powers of the
New Jersey State Director of Alcoholic Beverage Control.
B.
Revocation of license. Any license issued under this chapter may
be suspended or revoked for violation of any of the provisions of
this chapter of any provision of any applicable statute or any of
the rules and regulations of the State Director of Alcoholic Beverage
Control. Proceedings for suspension or revocation shall be in accordance
with the provisions of N.J.R.S. 33:1-1 to 33:1-96, by service of a
five-day notice of charges preferred against the licensee and affording
a reasonable opportunity for hearing. Any suspension or revocation
shall carry the penalties and prohibitions provided in the statutes
referred to. Suspension or revocation of a license shall be in addition
to any other penalty which may be imposed for a violation of this
chapter.
[Added 4-16-07 by Ord. No. 07-16]
A.
Definitions.
(1)
GUARDIAN — A person who is qualified as a guardian of the underage
person pursuant to testamentary or court appointment.
(2)
RELATIVE — An underage person's parent, grandparent, aunt,
uncle, sibling, first cousin or closer relative by blood, marriage
or adoption who has attained the legal age to purchase and consume
alcoholic beverages.
B.
Violations; exceptions
Any person under the legal age to purchase and consume alcoholic
beverages who, without legal authority, knowingly possesses, orders,
purchases, serves or consumes alcoholic beverages or who is under
the influence of alcoholic beverages within the municipality boundary
of the Township of East Brunswick shall be in violation of this ordinance
and subject to the penalties hereof. This section shall not apply
to an underage person consuming or possessing an alcoholic beverage
in connection with a religious observance, ceremony or rite or consuming
or possessing an alcoholic beverage in the presence of and with the
permission of a parent, guardian, or relative who has attained the
legal age to purchase and consume alcoholic beverages. This section
shall not apply to any underage person while actually engaged in the
performance of employment by a person who is licensed under Title
33 of the New Jersey State Statutes or while actively engaged in the
preparation of food while enrolled in a culinary arts or hotel management
program at a county vocational school or post secondary educational
institution; however, this ordinance shall not be construed to preclude
the imposition of a penalty under this section, N.J.S.A. 33:1-18 or
any other section of law against a person who is convicted of unlawful
alcoholic beverage activity on or at premises licensed for the sale
of alcoholic beverages.
C.
Penalties; fines
(1)
The fine for such an offense under this Section shall be $250.00
for a first offense and $350.00 for any subsequent offense.
(2)
The court may further suspend or postpone for six months the driving
privilege of the defendant in addition to the fine authorized for
this offense. If a person at the time of the imposition of the such
sentence is less than seventeen years of age, the period of license
postponement, including a suspension or postponement of the privilege
of operating a motorized bicycle, shall commence on the day the sentence
is imposed and shall run for a period of six months after the defendant
reaches the age of seventeen years. If a person at the time of the
imposition of such sentence under this Section has a valid driver's
license issued by the State, the court shall immediately collect the
license and forward same to the State Motor Vehicle Commission along
with the report.
